Class action lawsuit alleging racism against Black public servants heads to court

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A $2.5-billion class action lawsuit brought by Black public servants claiming systemic discrimination in the federal government is set to go to court on Monday.

In Federal Court in Toronto, the plaintiffs will make their case that the government owes them damages for salaries and pensions they never received because of anti-Black racism in hiring and promotion practices.

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The class action lawsuit would cover around 45,000 Black government workers and job applicants, as the alleged discrimination occurred across dozens of federal departments and agencies dating back to 1970.

“It is not only about financial compensation, but also about holding the government accountable and building a more equitable public service,” Nicholas Marcus Thompson, the lead plaintiff, wrote in an emailed statement. “The significance of this case goes beyond individual plaintiffs — this is about creating institutional reform so that future generations of Black Canadians do not face the same barriers in employment.”

The hearing, which could last up to 12 days, will determine if the lawsuit is certified, a hurdle that class actions must clear before they can go to trial. Thompson said the case was “the largest, broadest, and most high-profile employment-related discrimination case in Canadian history.”

Since the plaintiffs first filed the lawsuit almost four years ago, the federal government has spent around $8 million fighting it. The government has argued that Black public servants already have other avenues to pursue their complaints, such as the Canadian Human Rights Commission and the public service’s grievance process.

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Earlier this year, Treasury Board President Anita Anand announced the first parts of the government’s “Action Plan” for Black public servants, an initiative focused on improving the career mobility and mental health of Black government workers.

The plan included almost $7 million in funding for the Canada School of Public Service to support career advancement of Black employees through an executive leadership program as well as $6 million for Health Canada to hire more Black counsellors and strengthen its counselling services for Black public servants.

In its 2022 and 2023 budgets, the federal government committed $49.6 million to create career development programs and a mental health fund for Black public servants.

Late in 2023, a task force looking into reforming the Employment Equity Act made 187 recommendations to the federal government. Among them was a recommendation accepted by the government to create a distinct group for Black workers under the act, which applies to federally regulated industries and seeks to achieve equity in the workplace. Currently, they fall under a broad “visible minority” group.

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The task force recommendations were considered a watershed moment that could help bring a settlement in the class action case, but that has not materialized.

“Canada has admitted to the pain and suffering systemic discrimination has caused Black people,” said Thompson, who is president and chief executive officer of the Black Class Action Secretariat. “Yet, the government continues to bring technical arguments, trying to individualize the experiences of thousands of workers rather than addressing the system that has failed them.”

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